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Home My WebLink About09-23-2009 Council Agenda COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 23, 2009 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. -i , APPROVAL OF AGENDA. 01 MINUTES of the following meetings of the Council: 0 Special Council Meeting of September 9, 2009 Council Meeting of September 9, 2009 Special Council Meeting of September 16, 2009 COMMUNICATIONS: C 2009-306 Communication (07/31/2009) from the Planning Director, transmitting three (3) draft bills to re-designate a portion of a property in Kilauea, Kauai, Tax Map Key No. 5-2-017:028, back to its previous land use designations as follows: 1) State "Urban" Land Use District (U) back to the State "Agricultural" Land Use District (A) (See Proposed Draft Bill No. 2328) 2) General Plan "Residential Community" designation back to the General Plan "Agriculture" and "Open" designations (See Proposed Draft Bill No. 2329) 3) "Limited Industrial (I-L) Zoning District" back to the "Agriculture (A) Zoning District" (See Proposed Draft Bill No. 2330) (Planning Commission's findings, staff report, exhibits, and transcripts on file in the County Clerk's Office.) Council Meeting Agenda 2 September 23, 2009 C 2009-307 Communication (08/19/2009) from the Mayor, transmitting for Council information the Cost Control Commission's recommendations and findings regarding a County performance contract proposal and the establishment of departmental employee green teams. C 2009-308 Communication (08/25/2009) from Virginia Kapali, Chairperson, Kauai Salary Commission, transmitting for Council information, Salary Commission Resolution No. 2009-2, relating to the salaries of certain officers and employees of the County of Kauai which was adopted by the Salary Commission at its August 25, 2009 meeting, and recommending amendments to the Kauai County Code related to salaries of certain officers and Council appointees. C 2009-309 Communication (08/28/2009) from Council Chair Bill "Kaipo" Asing, transmitting a resolution to amend Resolution No. 2009-27, relating to the appointment term of Charles Iona to the Police Commission as a partial term. (See Resolution No. 2009-54) C 2009-310 Communication (08/19/2009) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify and expend a Federal Transit Administration (FTA) Section 5317 New Freedom grant for capital expenditures for the County Transportation Agency in the amount of $121,123 which will be used to retrofit the existing fleet of vehicles with retractable wheelchair tie down straps and the installation of illuminated signage, increasing efficiency and visibility of bus routes. C 2009-311 Communication (09/04/2009) from the Director of Office of Economic Development, requesting Council approval to apply for, receive, and expend funds for our 2010-2012 Hawaii Tourism Authority (HTA) County Product Enrichment Program in the amount of $425,000 per year for three (3) years. Funds are subject to availability via the TAT Tax Collection and required HTA board approval each year. C 2009-312 Communication (09/08/2009) from the Anti-Drug Coordinator, requesting Council approval to apply for, receive, and expend funds in the amount of $8,572.50 from the Hawaii Community Foundation's 2009 Crystal Meth Initiative grant which will assist with expenses of the Annual Drug Summit `E Ho`omau ka `Ike (continue the awareness, learning, vision). Council Meeting Agenda 3 September 23, 2009 C 2009-313 Communication (09/17/2009) from Council Chair Bill "Kaipo" Asing, responding to Councilmember Tim Bynum's request for a rationale relating to denial of reimbursement for a travel request. LEGAL DOCUMENT: C 2009-314 Communication (09/04/2009) from the Executive on Transportation, Transportation Agency, transmitting for Council approval a recommendation to indemnify the landowners to establish bus stops on their property as follows: • Right-of-Entry Agreement by and between Syngenta Hawaii, LLC and the County of Kauai for the Kauai Bus to establish a bus stop for picking up and dropping off of passengers on their premises. CLAIMS: C 2009-315 Communication (09/01/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by State Farm Insurance as subrogee for Gerald Daly for property damages, pursuant to Section 23.06, Charter of the County of Kauai. C 2009-316 Communication (09/02/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Wayne R. Daniel, individually and as trustee of the Wayne R. Daniel Self-Trusteed Trust, for damages, losses, and expenditures related to his subdivision project. COMMITTEE REPORTS: BUDGET & FINANCE CONMTTEE REPORT: CR-B&F 2009-20: on Bill No. 2292 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX APPEALS [Received for the record.] PUBLIC WORKS/ELDERLY AFFAIRS CONMITEE REPORT: CR-PWE 2009-06: on PWE 2009-3 Communication (7/22/2009) from Tim Bynum, Committee Chair, requesting that the Mayor and County Engineer be present to provide an update on the status of all CIP projects. [Received for the record A Council Meeting Agenda 4 September 23, 2009 RESOLUTIONS: Resolution No. 2009-54 - RESOLUTION AMENDING RESOLUTION NO. 2009-27 RELATING TO POLICE COMMISSION APPOINTMENT TERM (Charles Iona, Partial Term) BILLS FOR FIRST READING: Proposed Draft Bill No. 2328 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-227-91, RELATING TO STATE LAND USE DISTRICT BOUNDARY IN KILAUEA, KAUAI (County of Kauai, Applicant) Proposed Draft Bill No. 2329 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-228-91, RELATING TO GENERAL PLAN DESIGNATION IN KILAUEA, KAUAI (County of Kauai, Applicant) Proposed Draft Bill No. 2330 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM-229-91, RELATING TO ZONING DESIGNATION IN KILAUEA, KAUAI (County of Kauai, Applicant) BILLS FOR SECOND READING: Bill No. 2321, Draft 1 - A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO PLASTIC BAG REDUCTION (Deferred 0910912009) Bill No. 2292 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX APPEALS (See CR-B&F 2009-20; Budget & Finance Committee recommended receipt.) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the Council may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4, H.R.S. §92-5(a), and Kauai County Charter §3.07E. (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in ExeCUtive Session are closed to the public.) Council Meeting Agenda 5 September 23, 2009 ES-403 Pursuant to Haw. Rev. Stat. sections 92-4, 92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide the Council a briefing, update, and to request authority relating to the expansion of the Kekaha Landfill, adjoining areas, and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and /or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 06 RICE STREET, ROOM 206, L1HUE, KAUAI. TELEPHONE NO. 241-6311.